Southern Africa: Food Crisis

Baroness Amos: My right honourable friend the Secretary of State for International Development (Mr Hilary Benn) has made the following Written Ministerial Statement.
	There continue to be significant humanitarian needs in southern Africa, but the widespread humanitarian crisis that began in 2001 has eased. The countries with the most acute needs are Lesotho, Swaziland and Zimbabwe. Since 2001, my department has provided humanitarian assistance totalling over 136 million dollars for the six countries covered by the UN consolidated appeals for southern Africa—Zimbabwe, Zambia, Malawi, Mozambique, Lesotho and Swaziland.
	Total availability of the cereals harvest in the region, including South Africa, is forecast to be around 22.7 million metric tonnes this year. This is around the same level as the past five-year average for the region. Late rains and increased plantings have helped to increase production levels in Mozambique and Zambia in particular, while output in South Africa is slightly down on last year. Zambia has overtaken South Africa as the biggest regional source of grains for WFP programmes in southern Africa this year. However, production in Malawi, Lesotho and Swaziland has declined compared to last year. And throughout the region, many poor people are unable to secure enough food regardless of the national or regional production level.
	The UN has recently released the latest crop and food supply assessments for Angola, Lesotho, Malawi, Mozambique and Swaziland. The biggest shortfall is again expected to be in Zimbabwe. The Government of Zimbabwe's refusal to allow the UN to complete its assessment in the country makes it difficult to quantify food aid needs, but the Government's forecasts of a bumper harvest are not taken seriously by the main agencies working there. The cereal shortfall after domestic production in Zimbabwe is likely to be in the region of around 600,000 to 1 million metric tonnes. Despite claims to the contrary, the Zimbabwe Government are expected to import cereals to cover this shortfall although it is difficult to say how much of the gap they will be able to cover. Pockets of extreme vulnerability are likely to remain beyond the period of the UN consolidated appeal (which ends in December), particularly among socially marginalized groups.
	DfID is discussing humanitarian needs with the UN in order to prepare for periods of greater need over the next 10 months. We will respond to further funding appeals in close co-ordination with the vulnerability assessment committees operating in the region.
	Zimbabwe
	DfID has spent £67 million on humanitarian assistance to Zimbabwe since September 2001. DfID's support for humanitarian relief will be funded through a protracted relief programme worth £18 million over the next two years. This will work with NGOs to provide support to approximately 1.5 million of the poorest households in the country, particularly those affected by HIV/AIDS. The programme will provide targeted food aid, low-cost agricultural inputs and rehabilitation of water points support to stop people falling into acute distress.
	Zambia
	Although Zambia is expecting a good cereal harvest this year, Zambians remain vulnerable due to risks associated with access to food, HIV/AIDS and adverse economic conditions, factors that are common throughout the region. DfID recently began a £10 million programme supporting CARE International to help some of the most destitute and poorest groups in Zambia to manage these risks more effectively and is supporting the Government's efforts to establish a vulnerability monitoring system in the country.
	Mozambique
	In Mozambique, DfID's poverty reduction budget support programme has allowed the Government of Mozambique to steadily improve their disaster management capacity and end the previous pattern of annual emergencies. We continue to support targeted food aid and nutritional supplementation programmes as well as seed and input fairs in Mozambique, a method that gives farmers their choice of appropriate agriculture inputs while supporting the private sector and local economies.
	Malawi
	In Malawi, we are working with the UN to support school feeding programmes to feed over 100,000 pupils in five districts. In addition, through the Malawi Social Action Fund, DfID will provide £4.95 million to vulnerable people through a cash-for-work programme from which 100,000 households are expected to benefit.
	Swaziland and Lesotho
	In Swaziland and Lesotho, we continue to support targeted food aid programmes through the World Food Programme and supplemented by support for seed fairs with FAO. We are also supporting nutritional monitoring work in Lesotho. We are spending £2 million in Lesotho to support the Government's food security priorities as part of the poverty reduction strategy process. This will include the establishment of a national food security policy, which will be aimed at sustaining and promoting livelihoods.
	Longer-Term Response
	In response to the International Development Select Committee's report of March 2003, DfID is working with governments, the UN and the NGO community to improve our of understanding and response to the problem of food insecurity in southern Africa. We have produced a regional hunger and vulnerability strategy which outlines the regional dimensions of food security in the region and forms the basis of a regional programme of support, which is currently being designed.
	We are also working with the regional UN office in Johannesburg to encourage better joint programming among UN agencies and NGO partners in the region. And we are supporting the vulnerability assessment committees in Lesotho, Malawi, Mozambique, Swaziland, Zambia and Zimbabwe so that they can better track vulnerability trends and allow countries and the international community to respond more effectively.

Ghana

Baroness Amos: My right honourable friend the Secretary of State for International Development (Mr Hilary Benn) has made the following Written Ministerial Statement.
	Ghana successfully reached completion point under the heavily indebted poor countries initiative (HIPC) on 13 July 2004, becoming the 14th country to do so.
	Under the arrangements agreed when Ghana applied for HIPC status, Ghana will have its debt reduced in net present value terms by 2.2 billion dollars. In addition, many bilateral creditors have indicated their intention to provide additional relief beyond the enhanced HIPC initiative (estimated to total about 500 million dollars in NPV terms). Between 2004 and 2013, Ghana could save approximately 230 million dollars annually in debt service costs.
	Debt relief, together with bilateral assistance beyond HIPC relief, will lower Ghana's debt-to-export ratio to 84 per cent, and its debt-to-government revenue ratio to 130 per cent in 2004. It is estimated that Ghana's debt will remain sustainable (by HIPC definitions) for a wide range of scenarios covering the next 20 years.
	Ghana applied for HIPC status in 2001 with the strong encouragement of the UK, and in particular of my right honourable friend the Member for Ladywood, then Secretary of State for International Development. Since then the Government of Ghana have begun to implement their poverty reduction strategy, maintained sound macroeconomic management, and undertaken some important structural reforms as agreed at decision point.
	Completion point is good news for Ghana and an opportunity to move further and faster with its poverty reduction programmes.

Ministerial Gifts

Baroness Amos: The Prime Minister has today published a list of gifts received by Ministers. The list provides details of gifts received by Ministers valued at more than £140 for the period 1 April 2003 to 31 March 2004. Copies of the list have been placed in the Libraries of the House.

Ministerial Travel

Baroness Amos: Expenditure on ministerial overseas visits for 1996–97 to 2003–04 is estimated as follows:
	
		
			 Year Expenditure £million 
			 1996–97 7.9 
			 1997–981 6.4 
			 1998–99 4.9 
			 1999–2000 4.6 
			 2000–01 4.7 
			 2001–02 5.6 
			 2002–03 5.7 
			 2003–042 5.2 
		
	
	1 May 1997 to 31 March 1998
	2 The figure for 2003–04 reflects payments made so far for travel undertaken in the period; a few bills have yet to be submitted to departments for payment.
	A list of all visits overseas undertaken by Cabinet Ministers costing £500 or more during the period 1 April 2003 to 31 March 2004 has been placed in the Libraries of the House. The list provides details of the date, destination, purpose and costs of individual visits made by the Cabinet Ministers.

Advisory Committee on Business Appointments: Annual Report

Baroness Amos: The Advisory Committee on Business Appointments has submitted its sixth report to the Prime Minister. The report provides an account of the work of the committee in advising the Prime Minister on business appointment applications from Crown servants on the acceptance of outside appointments after leaving government. The report covers the period 1 April 2002 to 31 March 2004. Copies of the report have been placed in the Libraries of the House.
	The Prime Minister is very grateful to all the committee members for giving their time so freely to it.
	In addition, the Prime Minister has asked Sir Patrick Brown to undertake a review of the business appointment rules taking account of the work already done by the committee and referred to in its report. The rules were last reviewed in 1996. Since then there has been a greater emphasis on interchange with the private and other sectors. The review will have the following terms of reference:
	To review the business appointment rules to ensure that they are compatible with a public service that is keen to encourage greater interchange with the private and other sectors, which is essential for effective delivery in today's public service. The review will consider the operation of the system, taking account of practice overseas. It will also consider the current machinery for dealing with applications and the necessary resources.

Interception of Communications Commissioner and Intelligence Services Commissioner: Annual Reports 2003–04

Baroness Amos: My right honourable friend the Prime Minister has made the following Written Ministerial Statement.
	I have today laid before both Houses the annual reports for 2003 of the Interception of Communications Commissioner, the right honourable Sir Swinton Thomas and the Intelligence Services Commissioner, the right honourable Lord Justice Simon Brown. Some sensitive information has been excluded from the reports of the Interception of Communications Commissioner and the Intelligence Services Commissioner in accordance with Sections 58(7) and 60(5) of the Regulation of Investigatory Powers Act.
	I am grateful to the commissioners for their reports and the work that has gone into preparing them.

Special Advisers

Baroness Amos: Listed below are the names of special advisers in post at 19 July 2004, the special advisers' pay ranges for 2004–05, the number of special advisers in each pay band by department and the total cost of special advisers for 2003–04.
	All special advisers are appointed under terms and conditions set out in the Model Contract for Special Advisers providing advice on the full range of their appointing Minister's departmental responsibilities. Where a special adviser has a specific expertise this is indicated.
	Advisers in post:
	
		
			 Appointing Minister Special Adviser in post Expertise 
			 The Prime Minister1 Jonathan Powell Chief of State 
			  Sally Morgan Government relations 
			  Policy Directorate 
			  Andrew Adonis Education 
			  Arnab Banerjee Economics 
			  Patrick Diamond Education and cross-cutting policy issues 
			  Matthew Elson Transport 
			  Julian Le Grand Health 
			  Roger Liddle Europe 
			  Alasdair McGowan Devolution, local and regional government 
			  John McTernan Social exclusion 
			  Geoffrey Norris Industry and business 
			  Carey Oppenheim Children and families 
			  Nicholas Rowley Environment 
			  Justin Russell Home and Legal Affairs 
			  Matthew Taylor Acting Head of the Policy Directorate 
			  Communications 
			  David Hill 
			  Hilary Coffman 
			  Darren Murphy 
			  Diary Management 
			  Katie Kay 
			  Events and visits 
			  Jo Gibbons 
			  Angela Goodchild (p/t) 
			  Implementation Group 
			  Kate Garvey 
			  Sarah Hunter 
			  Liz Lloyd 
			  Media Monitoring Unit 
			  Chris McShane 
			  Research and Information Unit 
			  Joanna Nadin 
			  Catherine Rimmer 
			  Strategic Communications Unit 
			  David Bradshaw 
			 Deputy Prime Minister and First Secretary 
			 of State Joan Hammell 
			 Ian McKenzie 
			 Paul Hacket (p/t) 
			 Chief Whip (Commons) Sue Jackson 
			 Fiona Gordon 
			 Chief Whip (Lords) Margaret Ounsley 
			 Secretary of State for Culture, Media 
			 and Sport Bill Bush 
			 Nick Bent 
			 Secretary of State for Defence Michael Dugher 
			 James Connal 
			 Secretary of State for Education and Skills Robert Hill 
			 Lisa Tremble 
			 Secretary of State for Environment, Food and Rural Affairs Nicci Collins 
			 Stephen Hale 
			 Hazel Phillips 
			 Secretary of State for Foreign and Commonwealth Affairs Ed Owen 
			 Michael Williams Communications and the EU 
			 UN; human rights; Asia, Africa and the Balkans 
			 Secretary of State for Health Richard Olszewski 
			 Steve Bates 
			 Paul Corrigan 
			 Secretary of State for the Home Department Matt Cavanagh 
			 Katharine Raymond 
			 Huw Evans 
			 Sophie Linden (p/t) 
			 Leader of the House of Lords, and the Lord President of the Council Matthew Seward2 
			 Mark Davies 
			 Joe Dancey (p/t)  
			 Communications 
			 Secretary of State for Constitutional Affairs and Lord Chancellor Garry Hart 
			 Philip Bassett 
			 Secretary of State for International Development Alex Evans 
			 Beatrice Stern  
			 Communications 
			 Secretary of State for Northern Ireland Owen Smith 
			 Adam Higgett 
			 Leader of the House of Commons, Lord Privy Seal and Secretary of State for Wales Greg Power 
			 Phil Taylor 
			 Andrew Bold Parliamentary procedure 
			 Parliamentary procedure 
			 Welsh affairs 
			 Secretary of State for Trade and Industry Jim Godfrey 
			 Roger Sharp 
			 Deborah Lincoln 
			 Emily Thomas (unpaid) Communications 
			  
			 Women and equality 
			 Secretary of State for Transport and Secretary of State for Scotland Andrew Maugham 
			 Sam White 
			 Iain Gray  
			  
			 Scottish affairs 
			 Chancellor of the Exchequer3, 4 Ian Austin 
			 Spencer Livermore Communications 
			 Chief Secretary Nicola Murphy 
			 Jonathan Ashworth 
			 Secretary of State for Work and Pensions Chris Norton 
			 Tom Clark 
			 Minister without Portfolio Martin O'Donovan 
			 Blair McDougall 
		
	
	Pay bands for 2004–05
	The pay bands and pay ranges for special advisers for 2004–05 are as follows: Scheme Maximum£133,628 Pay Band 4£80,178 to £96,213 Pay Band 3 and Premium£59,867 to £93,005
	Pay Band 2£47,038 to £61,785 Pay Band 1£36,348 to £48,456 Pay Band 0Up to £36,347
	Advisers by Pay Band
	At 19 July 2004, the number of special advisers in each pay band by department is as follows:
	
		
			 Department Pay Band 
			  0 1 2 3 4 
			 No 105 1 5 5 13 2 
			 Office of the Deputy Prime Minister — — 2 1 — 
			 Chief Whips' Offices (Commons and Lords) — 1 2 — — 
			 Constitutional Affairs — — — — 2 
			 Culture, Media and Sport — — 1 1 — 
			 Defence — 1 1 — — 
			 Education and Skills — — 1 1 — 
			 Environment, Food and Rural Affairs — 2 1 — — 
			 Foreign and Commonwealth Office — — — 2 — 
			 Health — — 2 1 — 
			 Home Office — — 4 — — 
			 International Development — 2 — — — 
			 Lord President of the Council and Leader of the House of Lords — 3 — — — 
			 Lord Privy Seal, Leader of the House of Commons and Secretary of State for Wales — 2 1 — — 
			 Northern Ireland Office — 1 1 — — 
			 Trade and Industry6 — 1 1 1 — 
			 HM Treasury7 — 2 — 2 — 
			 Secretary of State for Scotland and Secretary of State for Transport — 1 2 — — 
			 Work and Pensions — — 2 — — 
			 Minister without Portfolio — 2 — — — 
			 Total 1 23 26 22 4 
		
	
	Paybill costs
	The cost of special advisers in 2003–04 is £5.3 million8.
	1 Plus Lord Birt, who is appointed as the Prime Minister's unpaid strategy adviser.
	2 In addition, Matthew Seward also works part-time for the Home Secretary.
	3 In addition, the Chancellor of the Exchequer has appointed Ed Miliband (Chairman), Paul Gregg, Shriti Vadera, Michael Jacobs and Stewart Wood to the Council of Economic Advisers on special adviser terms.
	4 Plus Sue Nye appointed as an unpaid adviser.
	5 Plus two special advisers who are paid beyond pay band 4, but within the scheme maximum.
	6 Plus one adviser who is unpaid.
	7 Plus the five members of the Council of Economic Advisers who are employed on special adviser terms (one in band 4, three in band 3 and one in band 1). One of the members of the council works part-time.
	8 This figure includes salary, severance pay and an estimate of pensions cost.

Human Rights: International Instruments

Lord Falconer of Thoroton: The interdepartmental review of international human rights instruments announced on 7 March 2002 by my noble and learned friend Lord Irvine of Lairg has been concluded.
	In the course of the review, the Government have ratified the optional protocol to the United Nations Convention Against Torture; signed and ratified Protocol 13 to the European Convention on Human Rights; ratified the optional protocol to the Convention on the Rights of the Child, relating to children in armed conflict; and extended the European Convention on Human Rights to the Cyprus Sovereign Base Area. We have decided to accept the optional protocol to the Convention on the Elimination of all forms of Discrimination Against Women, which will help us to assess the effects of individual petition to the UN generally. By accepting the protocol we are also confirming the United Kingdom's commitment to women and equality issues, spearheaded by the Minister for Women, Patricia Hewitt. We will also sign Protocol 7 to the European Convention on Human Rights; ratify Chapters A and B of the Convention on Participation of Foreigners in Public Life; withdraw the general reservation relating to immigration entered under the Convention on the Elimination of all forms of Discrimination Against Women; and modify the reservation relating to the Throne and the Armed Forces entered under the Convention on the Elimination of all forms of Discrimination Against Women. Finally we will dispense with a group of reservations now obsolete.
	I have placed in the Library a fuller report of the review.

Infant Death Convictions

Lord Goldsmith: I announced in January a review of cases of parents and carers convicted of killing an infant under the age of two in the past 10 years.
	This followed the Court of Appeal's decision to quash the conviction of Angela Cannings. The court's judgment questioned the safety of convictions depending exclusively, or almost exclusively, on a serious disagreement between distinguished and reputable experts.
	In May, I announced that my office had notified the legal representatives of five defendants that it may be appropriate for the safety of their clients' convictions to be considered further by the Court of Appeal or, if appropriate, the Criminal Cases Review Commission. Since that time, as part of the process of ongoing review, my office has written in similar terms to the legal representatives of 19 further defendants.
	The fact that a case has been referred to legal representatives of the convicted person does not amount to a positive determination that their conviction is unsafe. Should any appeals result from this review, it will be for the Crown Prosecution Service to independently decide whether to contest the appeal.
	I aim to complete the review in September, when I will report fully to the House. The review is continuing to be accorded the highest priority, to bring to an end this period of uncertainty for all those involved.

Strategic Export Control Decisions

Baroness Symons of Vernham Dean: Enhanced statistical information on strategic export licensing will, from July 2004, be released on a quarterly basis, instead of once a year through the annual report on strategic export controls, as at present. The first quarterly report on strategic export controls will be published on the Department of Trade and Industry and Foreign and Commonwealth Office websites (www.dti.gov.uk and www.fco.gov.uk) on 28 July. This report will contain information on export licensing decisions taken from January to March 2004.
	From now on, statistical data will be published on the FCO and DTI websites three months after the last decision in any given quarter. Until now, decisions taken in one calendar year have been reported in the annual report on strategic export controls in the middle of the following year. Information on the earliest licensing decisions reported in the annual report was not therefore made available until some 18 months later.
	From 2004, the annual report, which the Government have a statutory obligation to produce, will summarise information already provided in quarterly reports, as well as describing export control policy developments. It will be produced in hard and electronic copy. The hard copy will include a CD-ROM containing all of the licensing data published in the quarterly reports for that year. The Government intend to publish the next quarterly report, relating to decisions taken between April and June 2004, in October.
	The introduction of quarterly reports reflects the Government's commitment to further improve the openness of their strategic export licensing system, which is already acknowledged to be among the most transparent in the world.
	The Government's most recent strategic export controls annual report was published on 7 June.

Iraq: Export Licence Applications

Baroness Symons of Vernham Dean: Following consultation with the Foreign and Commonwealth Office and the Ministry of Defence, the Department of Trade and Industry recently approved a further licence to export military list goods to Iraq. The arms embargo against Iraq remains in place under United Nations Security Council Resolutions 1483 (22 May 2003) and 1546 (8 June 2004). UNSCR 1483 (2003) includes an exception for "arms and related materiel required by the [Coalition Provisional] Authority to serve the purposes of this and other related resolutions".
	Accordingly, prior to the handover of power on 28 June and the Coalition Provisional Authority ceasing to exist, Her Majesty's Government considered it appropriate to grant exemptions for the export of military listed goods for use by Iraqi police forces, Ministry of Justice personnel, Ministry of Oil security personnel and Iraqi security forces. The licence is consistent with the consolidated EU and national arms export licensing criteria. Future applications will continue to be assessed on a case by case basis against the UN embargo and consolidated criteria, taking into account the circumstances prevailing at the time.

Baroness Symons of Vernham Dean: Following consultation with the Foreign and Commonwealth Office and the Ministry of Defence, the Department of Trade and Industry recently approved a licence to export military list goods to Iraq. The arms embargo against Iraq remains in place under United Nations Security Council Resolutions 1483 (22 May 2003) and 1546 (8 June 2004). UNSCR 1483 (2003) includes an exception for "arms and related materiel required by the [Coalition Provisional] Authority to serve the purposes of this and other related resolutions".
	Accordingly, Her Majesty's Government consider it appropriate to grant a licence for the export of assault rifles and semi-automatic pistols for use by a private security company, contracted to provide support for personnel working under contract with the Iraqi Board of Supreme Audit. The Coalition Provisional Authority (CPA) certified the requirement for these weapons prior to the CPA ceasing to exist on 28 June. The licence is consistent with the consolidated EU and national arms export licensing criteria. Future applications will continue to be assessed on a case by case basis against the UN embargo and consolidated criteria, taking into account the circumstances prevailing at the time.

Berezovsky and Zakayev

Baroness Symons of Vernham Dean: Russian citizens Boris Abramovich Berezovsky and Akhmed Iliasovich Zakayev were granted asylum in the UK last year, as is public knowledge.
	The grant of asylum to these two persons was made after due assessment by the relevant authorities of their cases and of the UK's obligations under the 1951 UN Convention on Refugees and domestic law. They did not enter the UK at the invitation of Her Majesty's Government. A grant of asylum does not imply support from the UK Government for an individual's views, activities or statements.
	We take very seriously the requirement for any person granted asylum in the UK to comply with the conditions of the UN convention under which refugees are recognised, and with the provisions of UK law. Recipients of asylum receive cautions not to take part in criminal activities, or activities such as support for or encouragement of terrorist organisations, or activities endangering national security or public order. Where individuals granted asylum breach these conditions we would not hesitate to take action against them and have strengthened the law to enable us to do so more effectively.

British Council Trustees: Annual Report and Accounts 2003–04

Baroness Symons of Vernham Dean: Copies of the British Council Trustees' annual report and accounts for the financial year ended 31 March 2004 have been placed in the Library of the House. During the period the Council received £165.5 million grant in aid from the Foreign and Commonwealth Office.

Pre-trial Cross-examination: Visual Recordings

Baroness Scotland of Asthal: The Youth Justice and Criminal Evidence Act 1999 (the 1999 Act) contained, among other provisions, eight special measures for vulnerable or intimidated witnesses. They are essentially different ways of giving evidence in criminal trials which were designed either to improve the quality of evidence given by witnesses through reducing their levels of stress or to make it possible for witnesses who find difficulty in giving their evidence to have access to justice.
	This Government have already implemented, or are piloting, seven of the eight measures. The eighth measure—visually recorded pre-trial cross-examination—was always going to be the most complicated of the measures to implement. It was also always likely to be applied to the smallest number of cases.
	A number of stakeholders have expressed their concerns to us about the detail of its implementation. We therefore commissioned Professor Diane Birch, a leading academic in the field, to review and provide advice on the workability of visually recorded pre-trial cross-examination. A copy of Professor Birch's report has been laid in the Library today.
	The report concludes that one of the two main reasons for undertaking visually recorded pre-trial cross-examination—that of capturing all the witness's evidence early in the pre-trial process—is no longer valid. That is because of new rules on disclosure which effectively mean that by the time both counsel are in a position to undertake visually recorded pre-trial cross-examination, they will be ready to go ahead with the trial itself.
	The second reason—keeping the witness out of court altogether—is still valid. However the report concludes that rather than introduce the cumbersome mechanism of visually recorded pre-trial cross-examination many months after having visually recorded evidence in chief, it would be far more sensible to return to the original recommendation in the report of the advisory group on video evidence (1989) chaired by his Honour Judge Thomas Pigot QC. This was that the child should appear at an informal hearing, at which both the child's evidence in chief (supplemented, where there was one, by an earlier video recorded interview) and the cross-examination would be recorded on video for subsequent transmission to the court.
	The report recommends that Section 28 of the 1999 Act, which provides for visually recorded pre-trial cross-examination, should be revisited. It recommends also that the operation of Section 21 of the same Act should be reviewed. Section 21 provides that under-17 year-olds who are witnesses in cases of sex or violence are given no choice in having certain special measures—such as visually recorded evidence in chief or live TV links—applied to them, whether they wish for them or not. So a 16½ year-old who has witnessed any sort of violent crime, even where he was not himself involved, would be forced to give evidence in this way.
	The Government are disappointed not to be implementing one of the eight special measures for vulnerable or intimidated witnesses which we provided for in good faith five years ago. But we believe it is better to take the advice of one of the leading experts in the field and many senior practitioners, and revisit this complex issue. Our aim is to achieve genuine improvements to the way in which vulnerable and intimidated witnesses give their evidence, and this will not be achieved by ploughing on doggedly with implementation of provisions which informed advice suggests will not be practicable or yield the benefits originally envisaged.
	We have therefore decided that in the autumn we shall embark upon a wider review of how child evidence is taken and presented in the criminal courts, particularly in cases involving sex or violence, with the aim of delivering the greater flexibility recommended in Professor Birch's report. This will assist in our aim of enabling measures to be more tailored to the individual witness's needs.
	We are also ensuring that everything which can be done to improve the experience of those witnesses who might have benefited from the implementation of Section 28 is being done. The No Witness No Justice project will ensure that children's needs are assessed and met, so that, for example, pre-trial court visits are arranged; access to a range of emotional support and guidance through appropriate groups is offered; where possible home visits take place; and parents are provided with a single point of contact to access information and advice throughout the case. We will continue to improve court buildings so that encounters between the defendant and the child witness are minimised, for example though providing more TV live links. We will also continue to work with the judiciary and the Bar to ensure that children's needs and wishes are recognised by the courts.

Charity Commission: Departmental Report 2004

Baroness Scotland of Asthal: I am today announcing that the Charity Commission will be publishing its departmental report for 2004 on 23 July. Copies of that report will be available in the Library.

Planning Policy Statements

Lord Rooker: My right honourable friend the Minister for Housing and Planning has made the following Written Ministerial Statement.
	The Office of the Deputy Prime Minister expects to publish in August new planning policy statements on both sustainable development in rural areas and renewable energy in England. These will be the first in a new series of planning policy statements that are being introduced as part of the Government's programme of reform to the planning system. The new planning policy statement 7 (PPS7) will replace existing planning policy guidance note 7 (PPG7), The Countryside—Environmental Quality and Economic and Social Development, published in February 1997. The new planning policy statement 22 (PPS22) will replace existing planning policy guidance note 22 (PPG22): Renewable Energy, published in February 1993.
	A draft of PPS7 was issued for public consultation in September 2003. The key policy aims of PPS7 are to plan for and facilitate good quality, sustainable development to support thriving rural communities and businesses, while protecting the beauty and character of the countryside.
	A draft of PPS22 was issued for consultation in November 2003. The final document will be an important step towards facilitating the delivery of more renewable energy developments and thereby meeting this Government's commitments in respect of global warming and climate change.
	Local planning authorities will need to have regard to the policies in PPS7 and PPS22 in preparing their local development documents, as should regional planning bodies in the preparation of regional spatial strategies. The policies may also be material to decisions on individual planning applications.
	Copies of both PPS7 and PPS22 will be made available in the Libraries of the House following publication. They will also be made available on the website of the Office of the Deputy Prime Minister. Copies of the responses to the consultation exercises will be made available for inspection through the Office of the Deputy Prime Minister's library and lists of those responses will also be placed in the Libraries of the House.

Lord Rooker: My right honourable friend the Minister for Housing and Planning has made the following Written Ministerial Statement.
	The Office of the Deputy Prime Minister intends to publish in August planning policy statements detailing the process by which Parts 1 and 2 of the Planning and Compulsory Purchase Act 2004 are to be implemented. Planning policy statement 11 (PPS 11) sets out the implementation process of Part 1—Regional Functions—and replaces planning policy guidance 11—Regional Planning—published in October 2000. Planning policy statement 12 (PPS 12) sets out the implementation process of Part 2, Local Development, and replaces planning policy guidance 12, Development Plans, published in December 1999. These planning policy statements are integral to the Government's programme of reforming the planning system.
	A draft of PPS 11 was issued for public consultation in October 2003. PPS 11 provides government guidance on the new arrangements for regional planning. The new procedural arrangements will better deliver policy at the regional level by giving more weight to what is currently regional planning guidance by replacing it with a statutory regional spatial strategy (RSS). The new local development documents will have to be in general conformity with this RSS, and the RSS will be made part of the development plan.
	A draft of PPS 12 was issued for public consultation in October 2003. PPS 12 provides government guidance on the new arrangements for the preparation of local development documents, which will comprise the local development framework. The local development framework is largely a portfolio of local development documents which collectively deliver the spatial planning strategy for the local planning authority's area. Local development frameworks are intended to streamline the local planning process and promote a proactive and positive approach to managing development.
	Copies of both PPS 11 and PPS 12 will be made available in the Libraries of the House following publication. They will also be made available on the website of the Office of the Deputy Prime Minister. Copies of the responses to the consultation exercises will be made available for inspection through the Office of the Deputy Prime Minister's library and lists of those responses will also be placed in the Libraries of the House.

Primary Care Dental Workforce Review

Lord Warner: My honourable friend the Minister of State, Department of Health has made the following Written Ministerial Statement today.
	The Secretary of State's Written Ministerial Statement on 16 July set out the Government's plans for rebuilding National Health Service dentistry, ensuring better access to NHS dental care and improving oral health in England. The plans included a significant increase in funding and a substantial programme of action to increase dental workforce capacity. These improvements will be made against the background of the move to local commissioning in October 2005.
	The views of a wide range of organisations were helpful to us in drawing up our proposals. For example the British Dental Association and representatives from the NHS and higher education were among those who contributed to the report of the primary care dental workforce review which was completed in 2002. Although time has moved on, the report is important contextual information about the perceived needs as seen in 2002. The report assisted our thinking as we developed the comprehensive plans announced last week. We are therefore publishing the report today. It is available on the department's website at www.dh.gov.uk/publications. Copies of the report have been placed in the Library.

Bennett Inquiry

Lord Warner: My honourable friend the Minister of State, Department of Health has made the following Written Ministerial Statement today.
	This Statement follows publication of the independent inquiry into the death of David (Rocky) Bennett, and my Written Statement on 12 February at col. 77WS, which set out the action being taken to deliver race equality in mental health services, and respond to the recommendations of the inquiry.
	I wish to inform the House that, further to the reply given to the honourable Member for Gloucester (Mr Dhanda) by my right honourable friend the Secretary of State for Health (Dr John Reid) on 8 June at col. 138, our response to the inquiry will not be available in July, but will be provided later this year.
	I want to reassure the House that this delay is because we want to ensure that our response to the inquiry report recommendations can be set alongside our wider programme of action to improve mental health care for black and minority ethnic communities. This will be published in the autumn, following our consultation on the framework in the report, Delivering Race Equality. We need more time to consider the significant issues raised during our consultation on this document. We also want to ensure that we properly address the recommendations of the inquiry report.
	In the mean time we must ensure that NHS staff have the skills they need to provide services, without discrimination, for people from black and minority ethnic communities. I am pleased to inform the House that the NHSU will be giving priority to developing and delivering this training for NHS staff, starting with staff in mental health settings.
	Further information about progress on the national work we have started and to which I referred in my Statement of 12 February is now available1. This includes information about the programme of work led by the National Institute for Mental Health to support the development of effective services for people with mental health problems from black and ethnic minority communities; and guidance on best practice to support the safe and therapeutic management of aggression and violence in mental health inpatient settings.
	1 Details of the NIMH(E) programme, including key publications, can be found at: http://www.nimhe.org.uk/priorities/black.asp. NIMHE's guidance Developing Positive Practice to Support the Safe and Therapeutic Management of Aggression and Violence in Mental Health Inpatient Settings: Mental Health Policy Implementation Guide has been developed to support mental health service providers and enable them to review their current policies and procedures relating to education, training and practice in the safe and therapeutic management of aggression and violence. It can be found at: http://www.nimhe.ore.uk/whatshapp/item display publications.asp?id=441
	I would like to draw particular attention to the publication yesterday of our health and social care standards and planning framework. It sets out the local action needed to commission services for the public to take forward the NHS Improvement Plan through effective partnership working. It sets out the national framework for PCTs and their partner organisations to take account of different needs and inequalities in their local populations. It commits us to providing national data year on year on the experience of service users from black and minority ethnic communities. It sets out how PCTs should support access to assessment, treatment and care for all those at risk, paying particular attention to the needs of those from black and minority ethnic communities and other groups that may be hard to reach.
	I would also like to take this opportunity to reiterate my view that there is no place for racism or discrimination in the NHS. Discrimination, both direct and indirect, does exist. It is unacceptable; it contradicts the basic value of equity that is the cornerstone of the health service. We are committed to rooting out racism, tackling the inequalities that exist, and ensuring that the experience of people from black and minority ethnic communities is improved.

NHS Counter Fraud and Security Management Service: Annual Report and Accounts

Lord Warner: My right honourable friend the Minister of State for Health has made the following Written Ministerial Statement today.
	The annual report and accounts and any accompanying Comptroller and Auditor General report for the Counter Fraud and Security Management Service have today been laid before the House of Commons pursuant to Section 98(1C) of the National Health Service Act 1977. Copies have been placed in the Library.

Blood Donation and vCJD

Lord Warner: My right honourable friend the Secretary of State for Health has made the following Written Ministerial Statement today.
	My Statement on 17 December 2003 informed the House of the first case of possible transmission of vCJD via blood transfusion and the actions taken as a result of this case to protect future blood supplies. I promised then to provide updates on any major changes.
	My Statement of 16 March 2004 indicated that the Committee on the Microbiological Safety of Blood and Tissue for Transplantation (MSBT) had met at my request to consider whether further measures were needed. The recommendations were to exclude from donating blood anyone who had previously received transfusions of whole blood components since January 1980. These measures were introduced with effect from 5 April 2004.
	MSBT met again on 29 June to review experience of these measures. The committee recommended tightening the exclusion criteria for two groups who have similarly received transfusions of whole blood components since January 1980: previously transfused apheresis donors; and donors who were unsure if they had previously had a blood transfusion.
	Apheresis donors are a small pool of committed donors who make frequent attendances to donate blood, where machine processing removes only certain blood components and the rest is returned to the donor.
	When actions were taken in April 2004 to exclude certain donors, neither of these groups was excluded until any potential impact on the blood supply became clearer.
	In the light of experience since the exclusions came into effect, MSBT has now advised that these groups can be excluded without adverse impact on the blood supply. These new exclusions will take effect from 2 August.
	In a separate development, a second case of possible vCJD prion transmission via blood transfusion has now been confirmed. A patient in the UK received a transfusion of blood in 1999 from a donor who subsequently developed vCJD. Though the patient died of causes unrelated to vCJD, abnormal prion protein has been found in spleen tissue. This patient had a genetic type that differs from that so far found in patients who have developed vCJD.
	I understand that a detailed account of the case will be appearing soon in the medical journal the Lancet. This new finding was referred to the Spongiform Encephalopathy Advisory Committee (SEAC) and MSBT for expert advice. SEAC agreed that this second patient with apparent vCJD infection added to the evidence that the vCJD agent can be transmitted by blood. MSBT concurred with this view, and has advised that no additional public health measures are required to protect the blood supply. This confirms the precautionary approach set out in my Statement of 17 December.

NHS: Reducing Bureaucracy

Lord Warner: My right honourable friend the Secretary of State for Health has made the following Written Ministerial Statement today.
	On 20 May at col. 61WS, I announced the completion of the initial stage of the review of my department's arm's length bodies (ALBs). I made it clear then that there is considerable scope to improve efficiency and reduce bureaucracy in the ALB sector and I laid down the following parameters for the review:
	a 50 per cent reduction in the number of ALBs;
	a saving in expenditure by ALBs of £0.5 billion by 2007–08; and
	a reduction in posts of 25 per cent in the same period.
	The next stage of the review has now been completed and decisions taken on a reconfiguration of the ALB sector and its functions. Some of these functions provide reassurance to patients about standards in an increasingly devolved health and social care system. Others provide functions that can literally be life saving. The reconfiguration will enhance these essential functions while eliminating overlaps and devolving functions where possible. It will not put the safety and welfare of patients in jeopardy. The changes are summarised below and explained in a report, Reconfiguring the Department of Health's Arm's Length Bodies, copies of which have been placed in the Library.
	I want now to move to detailed discussions with all interested parties about how to implement these changes. Some changes will require primary or secondary legislation and the parliamentary scrutiny that goes with that. Some statutory consultation will be required on specific changes.
	Last week, my right honourable friend the Chancellor of the Exchequer announced the Government's overall plans for releasing resources to the front line. The ALB review contributes to those plans. It will also lift the burden that the central overhead can place on frontline staff. The way in which we achieve the ALB reductions will be linked to the analysis undertaken for the Gershon efficiency review. The changes I will be making reflect the Prime Minister's wider Civil Service reform agenda and will also deliver the expectations of the Lyons review on public sector relocation.
	The ALB review covered the work of standalone national organisations sponsored by the department to undertake executive functions. Thirty eight of these existed in the baseline year of 2003–04, although the review also looked at four prospective ALBs. A list of the bodies can be found in the report. The decisions I have taken so far will reduce the number of ALBs by almost half to 20, in the following four main categories.
	Regulation
	ALBs in this category regulate, inspect and hold specific parts of the system to account. They often have their own primary powers and extra independence from direction by the Secretary of State.
	The Healthcare Commission (whose statutory name is the Commission for Healthcare Audit and Inspection), the Independent Regulator of National Health Service Foundation Trusts and the Commission for Social Care Inspection will continue to regulate providers and their services. The Healthcare Commission will take on the main role of the Mental Health Act Commission, which will be abolished.
	A new Regulatory Authority for Fertility and Tissue will be created to encompass the work of the Human Fertilisation and Embryology Authority and the Human Tissue Authority.
	The Council for the Regulation of Health Care Professionals will continue to oversee the statutory health professional self-regulatory bodies and the General Social Care Council will continue to regulate social care workers. The Postgraduate Medical Education and Training Board will take on the role of the Dental Vocational Training Authority, which will be abolished.
	The Medicines and Healthcare products Regulatory Agency will continue to regulate medicines and healthcare products.
	Standards
	ALBs in this category establish national standards and best practice.
	The National Institute for Clinical Excellence (NICE) will take on the work of the Health Development Agency (HDA) in order to link standards work on both the prevention and treatment of ill health. The HDA will be abolished.
	Public welfare
	ALBs in this category are focused primarily on the safety, protection, well-being and involvement of patients and public.
	The National Clinical Assessment Authority (NCAA) will be brought into the National Patient Safety Agency (NPSA) which will also support high-quality, independent ethical review of all research that could affect patients. The NPSA will take on the lead national perspective on hospital food, cleanliness and safe hospital design. NPSA will also take over responsibility for the national confidential inquiries from NICE.
	The Health Protection Agency (HPA) has taken on functions from the Public Health Laboratory Service and will take on the role of the National Radiological Protection Board under the Health Protection Agency Act 2004. The PHLS and the NRPB are to be abolished. The National Biological Standards Board will also be abolished and its functions taken on by others, primarily the HPA.
	The regional functions and staff of the National Treatment Agency for Substance Misuse will be transferred to existing mainstream structures as soon as possible. A further announcement on this will be made shortly. Centrally the NTA will continue in existence until we are confident that a detailed programme of mainstreaming drug treatment within the NHS is successfully in place. A review of progress will take place in 2006 to agree any further action needed to ensure drug treatment is fully mainstreamed into the NHS including agreeing the future of the NTA's national functions.
	The Commission for Patient and Public Involvement in Health will be abolished. Patients forums will remain the cornerstone of the arrangements we have put in place to create opportunities for patients and the public to influence health services. Stronger, more efficient arrangements to provide administrative support and advice to forums will be put in place after consultation. The NHS Appointments Commission will appoint forum members. A clearer quality framework for forum activities in monitoring and reviewing health services will be established and communicated to forums as quickly as possible.
	Central services to the NHS
	These ALBs provide services involving economies of scale and focused expertise.
	A new Blood and Transplant Authority will be created to encompass the services provided by the National Blood Authority and UK Transplant, which will be abolished.
	The NHS Litigation Authority (NHSLA) will be reconstituted to oversee the proposed NHS redress scheme and manage the financial compensation element at national level. Further details on how the scheme will operate will be published later this year, and implementation will require primary legislation. The NHSLA will also take on the functions of the Family Health Services Appeal Authority (Special Health Authority) which will be abolished.
	The NHS Appointments Commission will be reconstituted as an executive non-departmental public body with wider powers to make public appointments. It will also make appointments to patients forums and to research ethics committees.
	The NHSU is subject to a more detailed study, within the overall ALB review process, which will be completed shortly. The NHS Modernisation Agency will have most of its budget and staff devolved to the NHS, with a smaller core remaining within the department for the present.
	A new Health and Social Care Information Centre will be created to reduce burdens on the front line by co-ordinating information requirements across a wide range of bodies. The new centre will retain some of the information-related functions of the current NHS Information Authority and will take on the statistics and information management functions of the department. The NHSIA will be abolished. To build on the progress and momentum achieved to date, and reflect its sheer scale, the national programme for information technology will become a time-limited executive agency for three to five years and will incorporate the IT functions of the NHSIA.
	A new NHS Business Services Authority will be created to replace the NHS Pensions Agency, the Dental Practice Board, the Prescription Pricing Authority and the NHS Counter Fraud and Security Management Authority, all of which will be abolished.
	The NHS Purchasing and Supply Agency will be reformed. The role of the NHS Logistics Authority will be market-tested. It is anticipated that the function will be contracted out and that the NHS Logistics Authority will be abolished.
	A dental special health authority will no longer be created.
	NHS Direct and NHS Professionals will retain their ALB status for two to three years. In the mean time, we will work with both organisations to consider how they may prepare to transfer to independent status as bodies established on foundation principles to operate in the public interest.
	A small core estates team will be brought into the department and NHS Estates abolished.
	Releasing resources to the front line
	In 2003–04, ALBs spent a total of £4.8 billion, including operating costs of £1.8 billion, and employed around 25,000 staff.
	The principles outlined in Sir Peter Gershon's efficiency review will be applied to the ALB sector to generate more than £200 million in cash-releasing savings for the front line, for example by sharing back office services and by carrying out activities more efficiently. No ALB will be exempt from the need to improve efficiency. In addition, £150 million to £200 million will be released to front-line control by devolving functions from ALBs. The scope for achieving full cost recovery for regulation will be investigated and taken forward.
	The department's commercial directorate is scrutinising the business processes and procurement activities of many of the central services ALBs to establish the full scope of the efficiencies to be made, especially in relation to the money (about £3 billion) that is spent by ALBs on behalf of front-line organisations on NHS supplies, temporary staff and litigation services. The commercial directorate's work on the NHS supply chain is already well advanced, suggesting savings of approximately £150 million to £200 million in the period to the end of 2007–08.
	We are confident that expenditure on ALBs can be reduced by at least £0.5 billion by 2007–08. Savings of this magnitude will be associated with a reduction in the number of posts in the ALB sector of about 25 per cent.
	The ALB review will now move to implementation. Over the next three to four months my officials will work closely with the devolved administrations, ALBs, staff interests and other stakeholders to draw up implementation plans and to resolve outstanding issues on allocation of functions. These plans will include decision points on new ALB functions and processes, staffing levels, budgets, location and time scales for transfer. A small team in the department will oversee this process. These arrangements will ensure delivery of the saving of £0.5 billion by 2007–08 and the reduction of posts within ALBs.

S4C: Independent Review

Lord McIntosh of Haringey: My right honourable friend the Secretary of State for Culture, Media and Sport (Tessa Jowell) has made the following Statement.
	On 3 March this year, I announced the appointment of Roger Laughton, Head of Bournemouth University Media School, assisted by Meurig Royles as Welsh language assessor, to carry out an independent review of S4C.
	I am today publishing Mr Laughton's report of his review and copies have been deposited in the House Libraries. I welcome this very thorough analysis of S4C's current position and the challenges facing the authority in the digital age. The report's conclusions and recommendations raise a number of issues relating to the Government's digital action plan, BBC Charter review and Ofcom's review of public service broadcasting, which will need to be addressed in the context of those initiatives. My department will liaise with the authority and with other interested organisations to consider Mr Laughton's recommendations in detail and I will notify the House of the resulting conclusions in due course.

Digital Switchover

Lord McIntosh of Haringey: My right honourable friend, the Secretary of State for Culture, Media and Sport (Tessa Jowell) has today made the following Written Ministerial Statement.
	In my statement of 19 May I said that I would report further stages in establishing the plan for switchover. I am pleased to say that much progress has been made in the discussions between the Government, Ofcom and the public service broadcasters.
	While the broadcasters have not reached a full consensus on the optimum timetable, some—including the BBC—have suggested that 2012 may be the most appropriate date for the completion of switchover. This could mean beginning the switching sequence as early as 2007. This would be subject to agreement on a detailed plan, including resolution of the remaining issues raised in the discussions. Ofcom plans to include reference to this timetable in the draft digital licences for Channels 3, 4, 5 and Teletext which they expect to publish for consultation later this summer.
	We continue to believe that an ordered process leading to the earliest practicable switchover remains desirable given the advantages to consumers, the broadcasting industry and future growth of innovative new services. We believe that switchover should be broadcaster-led but that the final decision on timetable should balance these benefits against the need to ensure that the interests of the most vulnerable consumers are protected. I have therefore asked Ofcom's independent consumer panel to consider what measures might be necessary to ensure this protection and to report to me later this year with their advice. We will also take advice from leading charities. The Government's final endorsement of a timetable will be subject to being satisfied that adequate measures are in place to meet this objective.
	The BBC, in its 29 June publication Building Public Value, proposed that 2012 should be the target date for switchover. The BBC made clear its willingness to be a "leader and co-ordinator across the industry" and to "take a special responsibility for bringing the final cohorts into the digital television universe". I have asked the BBC how it proposes to take this forward.
	The Government remain committed to ensuring that switchover is planned and implemented in a way which is platform and broadcaster neutral. Consumers must have clear, unbiased information about what is available on each platform and from each provider so that they can make an informed choice. In particular, people who buy television equipment now should know that switchover will take place during the expected lifetime of television sets bought today. We are therefore engaged with retailers and manufacturers—who also need to plan ahead—to see that good clear information is given to consumers currently planning to buy a television or an item of recording equipment. We expect this information to spread through retail outlets from September, identified by the switchover logo.
	As an early step towards switchover, we are proceeding with a technical trial in two villages—Ferryside and Llansteffan—in south Wales. The residents have responded overwhelmingly in favour of taking part in this trial. If, as we expect, this switchover trial is successful, this community will be the first in the UK to go fully digital next spring.
	We expect further progress on these matters in the coming months and I will report to the House on material developments as they occur.

Civil Legal Aid

Lord Filkin: My honourable friend David Lammy, the Parliamentary Under-Secretary of State has made the following Written Ministerial Statement in the other place today.
	With the agreement of the Secretary of State for Constitutional Affairs, the Legal Services Commission (LSC) has today published a consultation paper entitled A new focus for civil legal aid—encouraging early resolution; discouraging unnecessary litigation.
	The main theme of the paper is to refocus the civil legal aid scheme away from contested litigation and to encourage early resolution of disputes. With a limited budget, we need to ensure that legal aid funding is targeted on the most needy cases and in the priority areas. The proposed changes are also required to update the LSC's funding code in the light of new initiatives, for example, changes in handling clinical negligence cases and the new Independent Police Complaints Commission. The changes to family legal aid complement the proposals announced in our Green Paper entitled Parental Separation: Children's Needs and Parents' Responsibilities.
	The main proposals are as follows:
	to restructure the levels of service for private law family cases to encourage the early and amicable resolution of family disputes wherever possible. A new level of service called Family Help will replace the existing three services, and will build upon the work already done through the FAInS (Family Advice and Information Service). This proposal will be piloted through FAInS providers before full implementation;
	to introduce wider powers to refuse funding for divorce (ancillary relief) cases on the grounds that private funding mechanisms may be available, for example, using the value of the assets in dispute;
	to introduce stricter controls over multiple and repeat applications in private law family cases and to limit funding to one certificate per client at any time;
	to remove from scope low priority categories of case, such as legal help for drafting divorce and judicial separation petitions and changes of name;
	to revise the financial eligibility limits to achieve uniform income limits across all levels of service. The upper limit for qualifying for legal representation in court would be reduced, to the (lower) level for legal help, as adjusted for inflation. However, there should be appropriate safeguards and exemptions in place to ensure the most vulnerable applicants are protected;
	to remove the current rule which disregards £100,000 of equity in an applicant's home in assessing financial eligibility for legal aid. Again, there will be exemptions for the most vulnerable clients;
	in clinical negligence cases and complaints against the police, a requirement that redress is initially pursued through the appropriate complaints procedure before funding for litigation can be considered.
	Copies of the consultation paper have been placed in the Library of both Houses. It is available on the LSC's website: www.legalservices.gov.uk.

MCSI Inspection of Courts Services: Annual Report 2003–04

Lord Filkin: The MCSI Inspection of Courts Services Annual Report for 2003–04 has been laid before Parliament yesterday. This document gives full details of the MCSI's performance for that year. Copies of the report have been placed in the Libraries of both Houses.

Court Service and Magistrates' Court Service: Annual Reports 2003–04

Lord Filkin: The Court Service annual report and accounts for 2003–04 has been laid before Parliament today. This document gives full details of the agency's performance and expenditure for that year. Copies of the report have been placed in the Libraries of both Houses.
	The magistrates' courts' business returns annual report 2003–04 has been laid before Parliament today. Copies of the report have been placed in the Libraries of both Houses.

Estate Agents

Lord Sainsbury of Turville: My honourable friend the Parliamentary Under-Secretary of State for Trade and Industry (Gerry Sutcliffe) has made the following Written Ministerial Statement.
	On 23 March, the Government welcomed the publication of the Office of Fair Trading's (OFT's) comprehensive analysis of the estate agency market in England and Wales and the effectiveness of the Estate Agents Act 1979. The Government now propose a package of measures building on and strengthening OFT's proposals. We plan to give enforcers the regulatory tools they need to tackle rogue agents without unnecessarily driving up costs to house sellers, and to provide a cost-effective means by which consumers may win any justified compensation from estate agents through a free independent redress mechanism such as an ombudsman scheme.
	The Government intend to use the Housing Bill presently before Parliament to provide for such a redress mechanism.
	Estate agents have a key role in the housing market. For most people buying a house is the most expensive purchase they ever make. It is vital that this market works well and that consumers are adequately protected against unfair practices. Our proposals will mean that consumers have better information, that enforcement activity is directed on those agents who deliberately flout the law and that industry schemes to provide redress are available within a competitive environment.
	The key elements of the Government's proposals are:
	A consultation document later this year on how the OFT's proposals could be brought into effect and what more could be done to strengthen the regulation of estate agents.
	Taking a power in the Housing Bill to require estate agents to belong to any industry redress scheme approved for the purpose by the Secretary of State. The power would be linked with marketing homes with home information packs (HIPs) and its exercise would be subject to detailed evaluation and consultation once government and industry have drawn up detailed proposals.
	Working with stakeholders to develop methods to evaluate trends in consumer detriment in this market and the case for an industry qualification and national quality standards for estate agents.
	In its report, the OFT concluded that the estate agency market works well in many respects and the market structure is competitive, with businesses able to enter and exit the market with ease. But consumers could make average savings of around £300 on each house sale if they did more to shop around and negotiate fees.
	However, the report highlighted significant consumer dissatisfaction with estate agents' services, ranging from serious uncorrected abuses which the Estate Agents Act should deter (for example, failure to pass on offers or declare a personal interest) to, more commonly, quality of service issues (for example, delays and inadequate communication). Much of estate agency business is conducted orally with relatively little documentation so the process is not transparent and it is consequently difficult for enforcers to detect and substantiate that abuse has occurred in order that it might be dealt with.
	The OFT's broad approach to the problems it has found in the market is:
	to ensure a baseline of protection for consumers by making the present regulatory regime more enforceable. The OFT recommends that estate agents should be required to maintain written records of offers, that these should have to be copied to those making the offer as well as sellers, and that the enforcement agencies are given enhanced powers to access these when there are reasonable grounds to suspect that the Act has been breached. Breach of statutory undertakings given under the Enterprise Act 2002 should become trigger events enabling enforcement action, and the OFT should be able to ban a person who has committed certain offences, not just when he has been convicted of them (as is currently the case);
	to promote quality of service and redress beyond minimum standards by creating incentives for members of the industry to sign up to recognised codes of practice with free systems of redress. The Consumer Code of Practice of the Ombudsman for Estate Agents Company Ltd (OEA) has now completed stage one of the OFT approval process (the code is meeting the OFT's core criteria on paper) and is seeking to complete stage two of the process (it will need to show the code is functioning effectively in practice) in order to obtain OFT approval. However, at present it only covers around 40 per cent of agents. While the OFT hopes that its promotion of the scheme—should it be approved—will boost its membership and profile, the OFT recommends that powers should be obtained to establish a statutory redress mechanism in the event that voluntary methods do not realise the anticipated improvements.
	The OFT's recommendations also cover such matters as making the statutory terms used in estate agency contracts clearer, extending the definition of an estate agent's personal interest in a deal and bringing the definition of estate agency in the Act up to date.
	There have been calls for the introduction of a positive licensing system as a way of improving standards and increasing protection in this market. The OFT specifically addressed the question of whether positive licensing, which could include a fitness test and training or competence requirements, would improve regulation in this market. It rejects it for a number of reasons:
	A requirement for estate agents to obtain licences before they engage in business would not deal with the main identified causes of serious problems in this market. These tend to concern the way existing agents conduct their business and are consequently unlikely to be detected by a screening test in advance of granting a licence.
	Estate agents clearly need to understand their obligations under the legislation but their role is primarily that of salesmen and intermediaries. Evidence from cases where estate agents have been banned suggests that misconduct results from a lack of integrity rather than deficiencies in their knowledge or expertise.
	Positive licensing would adversely affect the benefits consumers receive in terms of downward pressure on prices which results from the ease with which new businesses can enter the market and increase competition. It would also be costly to administer and these costs would ultimately be passed on to consumers in the form of higher fees.
	The OFT's conclusion is that positive licensing would raise costs and inhibit competition without delivering enough improvements to justify this. In its view, a more effectively enforced negative licensing system combined with the OFT's new powers under the Enterprise Act will be effective in dealing with malpractice.
	In considering our response to the OFT's report, the Government have consulted stakeholders and taken into account the representations we have received. We will continue to consult fully as we take this work forward.
	In large measure, the Government agree with the OFT's analysis which identifies a number of clear problems and the case for action to deal with these. We believe that the recommendations potentially offer an effective and proportionate basis for tackling the problems identified in this sector.
	However, we believe that it may be necessary to go beyond the OFT's proposals in tackling consumer detriment in this market. In particular we wish to take further views on the question of enforcement and to see what can be done to build on the OFT's initial analysis. It is clear that amendments to the legislation are necessary to improve protection in this area. The Government are therefore proposing to consult later this year on a package of measures which will bring about real improvements in this sector. Our proposals will cover:
	Making estate agents' dealings with consumers more transparent by requiring them to copy to buyers the written offers they have passed on to sellers and to keep clear and comprehensive records of each property transaction. This will give consumers more confidence that they are being treated fairly.
	Giving the OFT and local trading standards departments the comprehensive armoury of regulatory tools they need to investigate consumer complaints properly, address unfair practices and drive the rogues out of the market. We will look at whether they should have powers to demand the on-site production of administration records, files and copies of correspondence when they have reasonable grounds to suspect estate agents have not complied with the provisions of the Estate Agents Act.
	Allowing enforcement action to be taken where specified offences have been committed, regardless of whether the offenders have been successfully prosecuted.
	Widening the range of circumstances in which OFT can consider the fitness of agents and the range of sanctions available to them.
	Widening the circumstances in which estate agents have to disclose their personal interest in property transactions.
	Modernising the Estate Agents Act so it is relevant to developments in estate agency practices, such as Internet enterprises, and making it clear that consumers are protected.
	Making estate agency contracts more transparent so consumers have a better understanding of their liabilities and are not ambushed by clauses in small print or unclear language.
	Making it easier for the OFT and trading standards officers to addressing flyboarding abuses by requiring agents to identify specific properties on "for sale" boards.
	Encouraging estate agents to improve quality of service by subscribing to and developing codes of practice that will meet the standards required to obtain OFT approval.
	In addition, an OFT consumer information campaign will alert consumers to how they can get best value for their money by shopping around, negotiating fees and checking whether agents subscribe to consumer codes of practice, such as the OEA's code of practice.
	In the consultation document, we will also raise whether there are other ways going beyond the OFT's recommendations in which enforcement could be improved, for example whether some of the OFT's powers could be delegated to local authorities, whether the OFT's internal procedures for dealing with cases involving estate agents can be streamlined, and what could be done to improve communications between the OEA, the OFT and other relevant bodies to facilitate enforcement action being taken when there are serious complaints about estate agents. And we will work with the OFT and trading standards to ensure that the best use is made of their new enforcement powers. Updating the regulatory system on its own will not be sufficient to tackle unscrupulous behaviour unless it is effectively and speedily enforced and problems in this sector are prioritized and the necessary resources allocated to them. We are confident that the OFT and local trading standards offices will rise to this challenge but we will want to work with them so that consumers benefit from real improvements in behaviour in this sector.
	The Government have noted calls for positive licensing of estate agents but we agree with OFT's analysis that this is not justified. We believe that stakeholders have underestimated the potential impact of the OFT's recommendations as an overall package for addressing mischief in this sector. These recommendations can address the most serious problems without imposing unnecessary costs on businesses or inhibiting competition (both of which would result in higher fees). But we are also committed to going beyond the OFT's proposals, for example in making it possible to require estate agents to belong to an industry redress system.
	The Government agree that access to free, independent redress is important in the estate agency sector and offers a proportionate means of dealing with consumer complaints about quality of service issues. The OEA is currently seeking approval for its consumer code of practice from the OFT which would enable member agencies to demonstrate a clear commitment to higher standards.
	The Government are concerned, however, that by itself this would leave many consumers unable to obtain redress without resort to the courts. Housing markets are local so a seller may not have the option of engaging an estate agent who subscribes to a redress scheme. A buyer who wants a particular property may also have no choice as he will have to deal with the estate agent or agents selected by the seller.
	The Government are also conscious that with the introduction from 2007 of HIPs as provided in the Housing Bill estate agents may well play an increasingly pivotal role in housing transactions. On the other hand, the Government are concerned that any redress scheme should not impose an unnecessary burden on the industry or significantly increase barriers to entry, neither of which would be in consumers' interests. Proposals for a redress scheme need to be reconciled with the fact that there are no positive licensing arrangements for estate agents.
	The Government also accept that there are advantages in redress arrangements being run by the industry rather than the state. The Government believe that a way of reconciling these different considerations is for Parliament to provide a power to require estate agents to belong to any redress scheme approved for that purpose by the Secretary of State. Under the proposed arrangements, enforcement would fall under the present statutory arrangements in the Estate Agents Act: that is, that Act would apply to breach of the duty to belong to the scheme as it currently applies to a person who has engaged in an undesirable practice under the Act, so that enforcement action, including prohibition from acting as an estate agent, could be taken against any estate agent who failed to comply with the duty. The Government consider that the Housing Bill represents an opportunity to deal with this matter and propose to bring forward amendments to the Bill in Committee in another place to provide for such arrangements. In recognition of the fact that this is a new proposal on which the Government have yet to consult, we would not propose to exercise the power until it was clear what industry scheme or schemes would seek recognition, what arrangements they would have for providing redress including the fees they would charge estate agents, consultation had been carried out on the detailed arrangements and a full regulatory impact assessment had been done. Subject to those considerations, the Government hope that the arrangements will be brought into effect before the introduction of HIPs in 2007.
	We encourage those in the industry who wish to do so to subscribe to more wide-ranging codes of practice and to seek approval under the OFT's consumer codes approval scheme.
	Turning to other steps the Government intend to take in respect of this market, we want to improve the evidence base so as to gain a better picture of just how much consumer detriment there is in this market and how much our proposals improve it. We plan to invite the main stakeholders to join us in trying to devise a methodology for this. Such a better evidence base might establish the need to take further steps in future.
	We also plan to work with stakeholders on the scope for devising and promoting a recognised qualification for estate agents. We see benefit in this as something that, if properly done, could provide a career incentive to raise standards. We also note that the British Standards Institute, the UK national standards body, is considering developing a service quality standard and associated Kitemark for the provision of residential estate agency services and we shall follow with interest progress on this.
	Consumers deserve a better deal from estate agents than, as the OFT's report shows, in many cases they have got. The Government's proposals will go a long way to providing consumers in this vital market with a much better deal.

Regional Development Agencies: Annual Reports and Accounts 2003–04

Lord Sainsbury of Turville: My honourable friend the Minister for the Industry and the Regions (Jacqui Smith) has made the following Written Ministerial Statement.
	I have today laid before Parliament the annual reports and accounts for 2003–04 for the eight regional development agencies (RDAs) outside London. Copies have been placed in the House Library. The Government welcome the contribution that the RDAs have made during this year to driving forward economic development in their respective regions.
	Also published today are the RDAs' reported tier 3 outputs for 2003–04. These results are evidence that the RDAs continue to play a valuable role in improving the economic performance of the English regions and, through working with their partners, the RDAs are making a real difference to the individual regional economies concerned. The figures cover the creation and safeguarding of jobs, the amount of brownfield land brought back into use, the number of businesses added to the regional economies, the number of learning opportunities created and the amount of private sector investment attracted benefiting deprived areas, all as a result of RDA activity.
	Press releases on the tier 3 outputs have been issued in each region. Copies of the output results have been placed in the House Library, and are available on the DTI website at www.dti.gov.uk/rda/info.

Regulatory Impact Assessments

Lord Bassam of Brighton: An updated measurement of the level of compliance with the regulatory impact assessment process is today being placed on the website of the Cabinet Office Regulatory Impact Unit. An exercise in June 2004 to establish a snapshot of the level of compliance, based on consultations carried out in the 12 weeks to 16 June 2004, showed a compliance rate of 96 per cent. We will continue to keep this under regular review and will report back to Parliament as appropriate.

Central Office of Information: Annual Report and Accounts 2003–04

Lord Bassam of Brighton: Copies of the Central Office of Information's 2003–04 annual report and accounts have today been laid before Parliament, and copies have placed in the Library.

Parliamentary Commissioner for Administration

Lord Bassam of Brighton: The Minister for the Cabinet Office and Chancellor of the Duchy of Lancaster has today announced in response to a request from the Parliamentary Commissioner for Administration (the Ombudsman) that he has agreed to extend her jurisdiction to include the role of the Government Actuary's Department in relation to the prudential regulation of insurers prior to this function being transferred to the Financial Services Authority in April 2001. This will enable the Ombudsman to conduct a full investigation into Equitable Life. The amendment to the legislation to make this change will be made as soon as possible.